Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Part 2Social security etc
Chapter 5Offences, penalties etc
101Offences: non-benefit payments
(1)
The Social Security Administration Act 1992 is amended as follows.
(2)
In section 111A (dishonest representations for obtaining benefit etc)—
(a)
in subsection (1), in the words after paragraph (b), after “legislation” insert “or a non-benefit payment”
;
(b)
“(1H)
For the purposes of subsections (1A) to (1G), references to—
(a)
a person being entitled to, or having a right to receive, a payment under a provision of the relevant social security legislation include references to a person being entitled to, or having a right to receive, or qualifying for, a non-benefit payment, and
(b)
a person’s entitlement to a payment under a provision of the relevant social security legislation include references to a person’s entitlement to, or qualification for, a non-benefit payment.”
(3)
In section 112 (false representations for obtaining benefit etc)—
(a)
“(1ZA)
A person is guilty of an offence if, for the purpose of obtaining a non-benefit payment for themselves or another person, they—
(a)
make a statement or representation which they know to be false, or
(b)
produce or furnish, or knowingly cause or knowingly allow to be produced or furnished, any document or information which they know to be false in a material particular.”;
(b)
“(1G)
For the purposes of subsections (1A) to (1F), references to—
(a)
a person being entitled to, or having a right to receive, a payment under a provision of the relevant social security legislation include references to a person being entitled to, or having a right to receive, or qualifying for, a non-benefit payment, and
(b)
a person’s entitlement to a payment under a provision of the relevant social security legislation include references to a person’s entitlement to, or qualification for, a non-benefit payment.”
(4)
““non-benefit payment” means a prescribed payment which—
(a)
is not a payment of a relevant social security benefit, and
(b)
is made by the Secretary of State with responsibility for social security for the purposes of providing financial assistance to a person, whether directly or indirectly.”
102Penalty as alternative to prosecution: extension to non-benefit payments
(1)
Section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) is amended in accordance with subsections (2) to (6).
(2)
“(1B)
This section also applies where—
(a)
an overpayment notice has been given to a person (“P”) under section 71ZJ (overpayment notice in relation to non-benefit payment), and
(b)
in relation to the overpayment notice, the condition in subsection (1C) is met.
(1C)
The condition in this subsection is met where—
(a)
the time for P to seek a review of the overpayment notice under section 71ZK has passed without P seeking a review, or
(b)
if P sought a review of the notice within the time allowed, the review has taken place, and—
(i)
the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or
(ii)
P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.”
(3)
In subsection (2)(a), after “above” insert “, or in relation to the overpayment notice referred to in subsection (1B),”
.
(4)
In subsection (3), after “(1)” insert “or (1B)”
.
(5)
In subsection (8), in the words before paragraph (a), after “section” insert “, except in relation to a case referred to in subsection (1B),”
.
(6)
(7)
In section 115B of the Social Security Administration Act 1992 (penalty as alternative to prosecution: colluding employers etc), in subsection (2)(b), after “benefit offence” insert “or an offence in relation to an overpayment of a non-benefit payment”
.
103Amendments to the Social Security Fraud Act 2001: loss of benefits following penalty
(1)
The Social Security Fraud Act 2001 is amended as follows.
(2)
In section 6B(2) (loss of benefits in case of conviction, penalty or caution for benefit offence)—
(a)
in paragraph (a)—
(i)
omit the words from “section 115A” to “or”, and
(ii)
for the words “the corresponding provision for Northern Ireland” substitute “penalty as alternative to prosecution in Northern Ireland”
, and
(b)
omit sub-paragraph (i) of paragraph (b).
(3)
In section 6C (section 6B: supplementary provision)—
(a)
in subsection (2)(b) omit the words “the Social Security Act 1998 or”, and
(b)
in subsection (3) omit the words “the Social Security Act 1998 or”.
104Powers of Scottish Ministers
(1)
The following provisions of this Act have effect as if they were pre-commencement enactments for the purposes of section 53 of the Scotland Act 1998, read with section 32 of the Scotland Act 2016—
(b)
section 99, so far as relating to an amount that is recoverable by the Scottish Ministers under Part 3 of the Social Security Administration Act 1992;
(c)
(2)
Accordingly, an individual who for the time being has the Scottish Ministers’ authorisation for the purposes of Part 6 of the Social Security Administration Act 1992, in accordance with section 109A of that Act as amended by section 76 of this Act, has the functions conferred by sections 109B to 109C of that Act, as amended or, in the case of section 109BZA, as inserted, by section 76 of this Act.